Alabama education department seizes control of Birmingham school board

SpecialTommy Bice, Alabama's superintendent of education, effectively took control of the Birmingham public school board Thursday. A letter to the board president limits the body's actions regarding personnel and other matters at least until after an investigation into its operations is completed.

BIRMINGHAM, Alabama -- The Alabama Department of Education effectively seized control of the Birmingham school board Thursday until an investigation into the board's governance is complete.

Hours after the state Board of Education unanimously voted to launch an investigation into Birmingham, state Superintendent Tommy Bice sent a letter to the nine-member elected city board saying it is not to undertake or approve any non-routine items without the state's permission until after the state completes its investigation.

"Until my review is complete, I expect no action to be taken by the Birmingham board or any of its officials that would disrupt or interfere with the investigation or with the execution of the Birmingham board's administrative or educational functions," the letter, addressed to Board President Edward Maddox but sent to the full board, states. "Specifically, the board is not to initiate or approve any adverse personnel action at the senior executive level during the review and investigation period without prior written approval from this office."

That means the board cannot fire city school Superintendent Craig Witherspoon, which nearly happened Tuesday in front of a crowd of almost 300, including Bice and state school board member Yvette Richardson.

That meeting became so contentious -- with board members interrupting each other, scolding each other and speaking out of order -- that several members called for the state to intervene. Two of them also called for investigations into possible violations of the state's open meetings law.

"What we ultimately hope is to get the board's focus back on the students of Birmingham," Bice said Thursday. "I don't have any concerns about the system itself. It's the board."

Bice directed the board, superintendent and administrative staff in Birmingham Thursday to "secure and preserve all books, records, documents, minutes, memoranda, notices, correspondence, all forms of electronic communication, and files pertaining to the agendas of any and every Birmingham board meeting, work session, committee meeting or meeting of any kind at which official business of the Birmingham board was discussed, considered or deliberated for the preceding five years."

No records, documents or files may be destroyed, deleted or modified without written permission from Bice's office, the letter states. The investigation, Bice said, should take about two months to complete.

Probe welcomed

Witherspoon, who had been mum since news broke a week earlier about some board members wanting to fire him, said the district welcomes the investigation and will cooperate fully with the state.

"I want parents, teachers and other stakeholders to know, however, that this investigation will not take our focus away from our primary business of teaching and learning," he said. "It is critical that we continue educating our children for the remainder of the school year and plan and prepare for the 2012-2013 school year."

Former federal Judge U.W. Clemon, who is representing Witherspoon, said the news of the state's investigation made his day.

"It is entirely consistent with Alabama law and with the state superintendent's power to intervene in matters seriously affecting the educational interest of students," he said. "How could the state superintendent sit in that room and hear such universal support of whites and blacks, a City Council that is universally divided but came together on this issue because it is so important, and not do anything?"

But not everyone sees the state's investigation as necessary or fair.

Rep. John Rogers, D-Birmingham, said the entire Birmingham legislative delegation is upset with the state board's decision to investigate Birmingham.

"The state board has no right to get involved; they are elected officials just like all of us," he said. "If Dr. Bice has got so much time to spend on Birmingham, he's got too much money. This is nothing but intimidation and bullying by the state."

Action criticized

Community activist Frank Matthews, founder of the grass-roots group Outcast Voters League, said that just because the school board is divided doesn't mean it's dysfunctional. He said the state is unjustified in its investigation.

"Bice and Ms. Richardson are playing games with the media. This is a waste of time and a waste of money," he said. "I hope he takes that money he spends on the investigation and matches it to make a donation to Birmingham city schools when this investigation is over and turns up nothing."

Bice and Richardson came to Birmingham's board meeting earlier this week after the word got out that several members of the board wanted to fire Witherspoon. Maddox originally had called a special meeting for 5 p.m. on Good Friday to discuss Witherspoon's contract, but that meeting was canceled after backlash from the superintendent's supporters, which included an online petition and a rally at Linn Park.

Both motions had to be withdrawn because of improper procedure. The meeting became chaotic at times, and after Maddox had to withdraw his motion to fire Witherspoon because policy prohibits the board president from offering a motion -- and nobody else immediately made the same motion -- he said, "you all left me hanging."

Board members Phyllis Wyne and April Williams, both Witherspoon supporters, immediately called for an investigation into possible violations of the open meetings law, saying Maddox's statement implied an earlier secret meeting.

Community activist Randall Woodfin, founder of the grass-roots group Citizens Are Responsible for Education, has been attending Birmingham school board meetings for years and said it was time for the state to intervene.

"On one hand, I think this is sad, but on other hand, looking at the big picture as it relates to kids, I think that the right steps have been taken," he said. "There are many school boards across the United States. It doesn't matter if they are black or white or appointed or elected. They all have the same rule book, and the rule book says that a superintendent makes recommendations to the board and the board votes yay or nay.

"What we had here going on in Birmingham was that certain board members wanted to change the rule book. They wanted to make recommendations to the superintendent, and it just does not work that way," Woodfin said.

Wyne and Birmingham board member Brian Giattina attended Thursday's state board meeting, at which the board voted to allow Bice to investigate Birmingham.

Both had asked the state to step in and said they were happy the board took action so quickly.

"I never even dreamed I would ever ask for the state or anyone else to come in because I always felt we were an autonomous board and able to take care of school system business," said Wyne, who has been on the city school board since 2002.

She said she began becoming frightened about a year ago when it became clear that personal agendas were getting in the way of doing what was right for the 25,000 students in Birmingham schools. "I am glad the state has taken notice and agreed to help, because we really are in trouble."

Ford doesn't see it that way. He said he was fighting for the children and parents who call about having no textbooks or heat, and leaky roofs.

"I welcome them to investigate, but I hope they investigate the entire district, top to bottom," he said.

Maddox and Edwards said they have nothing to hide and aren't worried about the investigation.

"I don't feel that I have done anything wrong," Edwards said. "If working for the students in my district or speaking for the parents in my district who couldn't come out because of work or because they had no transportation means an investigation, then I welcome it. I don't have anything to hide."

Volker said she has no problem with the state's plan. "I don't want them to take over the system, but I don't mind them investigating," she said. "I just hope they do a thorough investigation, of all nine board members and not just singling any out."

The resolution passed by the state board states that the Birmingham Board of Education has "over the course of recent weeks and months, engaged in a pattern of decision making, action and inaction that has impeded or prevented implementation of plans, initiatives and programs designed to meet the Birmingham board's financial and fiduciary obligations under state law and to ensure the provision of appropriate educational services to its 25,000 students."

'Internal acrimony'

It also says the board's actions and decisions have led to "internal acrimony and paralysis, counterproductive litigation and physical altercations between board officials, public allegations that Birmingham board members have violated the Alabama Open Meetings Law and unabated, unfavorable news media coverage."

The board has been offered conflict resolution and board governance training numerous times -- with the Alabama Association of School Boards offering to come to Birmingham to conduct the training and the state Department of Education offering to pay for it -- but several members of the board, including Ford and Volker, said they would not attend. Training was never held.

Since then, things have spiraled out of control, Giattina said, prompting him to beg the state for help at Tuesday's meeting.

"This has the potential to be a very positive event for the Birmingham Board of Education and could potentially resolve some of our personal issues so we don't lose the tremendous amount of momentum we've had over the years," he said.

Jerry Tate, vice president of the Birmingham Council of PTAs, said the state's actions came as a relief.

"It definitely gives a little bit of reassurance that the state is in agreement with us that Dr. Witherspoon is doing a good job and that the board actions were not legitimate and were personal in nature," he said. "I'm glad they did it at the speed in which they did. If they had allowed the board to keep working for the next 18 months, there's no telling what damage would have been done."